Customs Regulations 1913 (Amendment)

Overview

The Statutory Rules of 1917, No. 183, enacted under the Customs Act 1901–1916, aim to amend the Customs Regulations of 1913, specifically updating Forms 4 and 5. The Customs Act 1901–1916, administered by the Commonwealth Parliament, was designed to regulate and control the import and export of goods across Australia's borders. The primary objective of this legislative instrument is to ensure that the security requirements for licensed carriage and boats or lighters under the Customs Act are updated and clearly defined. This amendment reflects the need for up-to-date security provisions to maintain effective customs compliance and enforcement, thereby supporting the broader policy objective of safeguarding the nation's customs regulations.

Scope and Application

The Statutory Rules 1917, No. 183, made under the Customs Act 1901–1916, modify the Customs Regulations 1913 by replacing Forms 4 and 5. These regulations pertain to the security required for licensed carriage and boats or lighters, respectively, ensuring compliance with customs laws and the payment of any due duties. This regulation applies to individuals and entities that own and operate carriages or boats licensed under the Customs Act 1901–1916, and it mandates adherence to all relevant provisions, including those concerning licensed operations and the prohibition of use in contravention of customs laws. The regulation has a national reach as it pertains to the Commonwealth of Australia and extends its application through the amended forms, which serve as security bonds to the Customs of the Commonwealth. The changes are effective immediately upon the date of the regulation, and any exclusions or exemptions are not specified in this statutory rule but would typically be detailed within the broader customs legislative framework.

Key Provisions

The primary operative sections of this regulation (C1917L00183) relate to the amendment of the Customs Regulations 1913, specifically concerning the cancellation of Forms 4 and 5 and the substitution of new forms for Licensed Carriage and Licensed Boat or Lighter. These sections detail the conditions under which a security to the Customs must be provided by the owners of the carriage or boat, binding them to the Customs of the Commonwealth of Australia in a specified sum (sections 1 and 2). The conditions include compliance with the Customs Act 1901–1916, any amendments, or any substitute acts, along with the regulations in force under these Acts (section 1(a)). Additionally, it mandates that the carriage or boat should not be used in connection with any contravention of the Act or regulations (section 1(b)), and that any duty on the deficiency between the quantity of goods loaded and delivered must be paid (section 1(c)). The obligations imposed by this Act on the parties it governs, primarily the owners of carriages and boats, include the requirement to obtain a licence under the Customs Act 1901–1916 and to provide a security bond to the Customs as stipulated in the new forms. This bond must specify the amount of the security and the conditions under which it will be discharged. The owners must ensure that their vehicles or boats comply with all relevant customs provisions and regulations and are not used for any illegal activities. Furthermore, they must settle any duties owed on discrepancies in the quantity of goods transported. For breaches of the conditions outlined in the new forms, there are potential civil and criminal consequences. Although the regulation does not explicitly state penalties, under the Customs Act 1901–1916, penalties for breaches could include fines, imprisonment, or both, depending on the severity of the offence. The specific penalties would be determined based on the relevant sections of the Customs Act 1901–1916, and could range from fines up to several thousand Australian dollars to imprisonment for terms varying according to the nature and extent of the breach. It is essential for those governed by this regulation to adhere strictly to the conditions to avoid these penalties.